PILOT sought for Canandaigua North Shore project

Sunday

Sep 29, 2013 at 6:01 AM

By Scott Pukos

spukos@messengerpostmedia.com

CANANDAIGUA — To support its proposed $100-million residential/commercial lakefront project, Morgan-LeChase Development has approached the city of Canandaigua to seek Payment in Lieu of Taxes (PILOT) financing. Additionally, the developers requested that the city sign a confidentiality agreement before it shares “certain confidential information” with the city. This information is to help the city decide whether to grant the tax abatements to the developers, officals say.

The confidentiality agreement was signed by City Manager David Forrest this week, Forrest confirmed.

The development — known as the North Shore project — will be on 21 acres on the north side of Lakeshore Drive, across from Kershaw Park. Sketch plans are scheduled to be reviewed by the city’s Planned Unit Development (PUD) Committee in October, and Morgan-LeChase executives are aiming to begin construction in summer 2014.

According to the agreement, confidential information includes trade secrets, business strategies and financial records that are in connection with the PILOT. Confidential information does not include information that was previously disclosed to the city, is currently in or has entered public domain, was received by a third party not under obligation of the agreement, or if an item is approved for public release by Morgan-LeChase.

In terms of Freedom of Information Law (FOIL), the contract requires the city to notify Morgan-LeChase within five business days of a request. The agreement does not allow the city to withhold any information that falls under FOIL, said City Attorney Michele Smith. Any information that falls under an exemption of FOIL, does not have to be disclosed.

According to the United States Department of Justice, “information that concerns business trade secrets or other confidential commercial or financial information” is one of the FOIL exemptions.

Smith noted that the agreement’s clause on FOIL is not different than the city’s normal policy.

“This is more of a safety net for Morgan-LeChase,” Smith said.

The agreement was proposed to council members during Tuesday's Finance Committee meeting — it was the first that members saw the document. Councilmembers and Mayor Ellen Polimeni voted 7-1 to allow the city manager to sign the document, which he did later in the week.

At-Large Councilmember Maria Bucci voted against it, and Ward 2 Councilmember David Winter was absent from the meeting. Previously, City Council approved a consolidated fund application that would help cover infrastructure costs for the first phase of the project. The application is for state grants that would cover about $4.7 million of curbing, sewer, water, roadwork and pavement for the first phase of the project.